Jackson's DUI case on hold for now

SAN DIEGO – In June, Chargers receiver Vincent Jackson tried to have a judge throw out
blood-alcohol evidence against him stemming from his arrest on a
drunken-driving charge Jan. 6. San Diego Superior Court Judge Cynthia Bashant
rejected that request, leading Jackson to appeal her ruling in
July.

Jackson's appeal attempt delayed the case until recently, when the appeal
attempt was dismissed as being “premature.”

Now Jackson is back to square one in court. He can choose to plead guilty to
a charge or head toward trial. Either way, his attorney, Cole Casey, said
Jackson won't have to deal with it until after the Chargers season.

“I'm just going to continue it until after the season is over,” Casey said.
“Then we'll decide from a legal standpoint what to do from
there.”

The substance of Jackson's appeal was not heard. Instead it was ruled that
he could not bring such an appeal until after the case was resolved. If he's
convicted, he then can make his appeal and try to have the conviction
overturned.

Jackson's blood-alcohol content measured 0.17 percent, more than double the
state limit of 0.08. At the time, Jackson was on five years' probation for a
2006 drunken-driving conviction in San Diego.

Casey tried to have the evidence suppressed on the basis Jackson was forced
to have his blood drawn against his will after repeatedly requesting a breath
test instead, as was his right. But the breath machine didn't immediately
accept his sample, and Jackson moved slowly while removing personal items to be
inventoried, according to the testimony of a California Highway Patrol officer.

As a result, the officer considered Jackson to be refusing the breath test. His
blood then was drawn from his arm while his arms were handcuffed behind a
chair.